Texas 2015 - 84th Regular

Texas Senate Bill SB1108 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Lucio, et al. S.B. No. 1108
2		-	(Deshotel)
	1	+	S.B. No. 1108
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the creation of regional emergency communication
8	6		districts; authorizing a fee.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Chapter 772, Health and Safety Code, is amended
11	9		by adding Subchapter H to read as follows:
12	10		SUBCHAPTER H. REGIONAL EMERGENCY COMMUNICATION DISTRICTS: STATE
13	11		PLANNING REGIONS WITH 9-1-1 POPULATION SERVED LESS THAN 1.5 MILLION
14	12		Sec. 772.601. SHORT TITLE. This subchapter may be cited as
15	13		the Regional Emergency Communication Districts Act.
16	14		Sec. 772.602. DEFINITIONS. In this subchapter:
17	15		(1) "9-1-1 region" means the portion of a state
18	16		planning region established under Chapter 391, Local Government
19	17		Code, composed of counties and municipalities that on September 1,
20	18		2015, exclusively received 9-1-1 system services provided by a
21	19		9-1-1 system operated through a regional planning commission.
22	20		(2) "Board" means the board of managers of a district.
23	21		(3) "District" means a regional emergency
24	22		communication district created under this subchapter.
25	23		(4) "Regional planning commission" means a commission
26	24		or council of governments created under Chapter 391, Local
27	25		Government Code, for a designated region.
28	26		Sec. 772.603. APPLICATION OF SUBCHAPTER. (a) This
29	27		subchapter applies to a 9-1-1 region:
30	28		(1) in which the total population served by the 9-1-1
31	29		system operated through a regional planning commission was less
32	30		than 1.5 million on September 1, 2015; and
33	31		(2) in which the governing bodies of each
34	32		participating county and municipality in the 9-1-1 region adopt a
35	33		resolution under Section 772.604 to participate in the district.
36	34		(b) This subchapter does not affect:
37	35		(1) a public agency or group of public agencies acting
38	36		jointly that provided 9-1-1 service before September 1, 1987, or
39	37		that had voted or contracted before that date to provide that
40	38		service;
41	39		(2) a district created under Subchapter B, C, D, F, or
42	40		G; or
43	41		(3) the distribution of funds under Section 771.072.
44	42		Sec. 772.604. CREATION OF DISTRICT. (a) A district is
45	43		created when the governing bodies of each participating county and
46	44		municipality in a 9-1-1 region adopt a resolution approving the
47	45		district's creation. The district's creation is effective on the
48	46		date the last resolution is adopted by a participating county or
49	47		municipality.
50	48		(b) The district shall file with the county clerk of each
51	49		county in which the district is located a certificate declaring the
52	50		creation of the district.
53	51		Sec. 772.605. POLITICAL SUBDIVISION; DISTRICT POWERS.
54	52		(a) A district is a political subdivision of this state created to
55	53		carry out essential governmental functions.
56	54		(b) A district may exercise all powers necessary to carry
57	55		out the purposes and provisions of this subchapter.
58	56		(c) A district created under this subchapter may enter into
59	57		an interlocal agreement with an emergency communication district
60	58		established under Subchapter B, C, D, F, or G to promote enhanced
61	59		public safety and increased fiscal and service efficiencies.
62	60		Sec. 772.606. TERRITORY OF DISTRICT. The territory of a
63	61		district:
64	62		(1) consists of the territory of each participating
65	63		county or municipality located in a 9-1-1 region; and
66	64		(2) does not include any land that is located in the
67	65		territory of an emergency communication district authorized under
68	66		Subchapter B, C, D, F, or G.
69	67		Sec. 772.607. BOARD OF MANAGERS. (a) A district is
70	68		governed by a board of managers.
71	69		(b) A district's initial board is composed of members who
72	70		are appointed by the governing bodies of each participating county
73	71		and municipality. At least two-thirds of the initial board members
74	72		must be elected officials of the participating counties and
75	73		municipalities.
76	74		(c) The initial board appointed under Subsection (b) shall
77	75		establish the size of the board and the qualifications of board
78	76		members.
79	77		Sec. 772.608. POWERS AND DUTIES OF BOARD. (a) The board
80	78		shall name, control, and manage the district.
81	79		(b) The board shall approve, adopt, and amend an annual
82	80		budget.
83	81		(c) The board may adopt orders, rules, bylaws, policies, and
84	82		procedures governing the operations of the board and the district.
85	83		Sec. 772.609. DIRECTOR OF DISTRICT; STAFF; FISCAL AND
86	84		ADMINISTRATIVE AGENT. (a) The regional planning commission for
87	85		the 9-1-1 region in which the district is established shall serve as
88	86		the fiscal and administrative agent for the district.
89	87		(b) The executive director of the regional planning
90	88		commission for the 9-1-1 region may serve as director of the
91	89		district.
92	90		(c) The director is responsible for:
93	91		(1) performing all duties required by the board;
94	92		(2) ensuring that board policies and procedures are
95	93		implemented for the purposes of this subchapter;
96	94		(3) preparing an annual budget; and
97	95		(4) employing and assigning employees of the regional
98	96		planning commission to perform duties under this subchapter in
99	97		accordance with the district's approved annual budget.
100	98		(d) The director may use district money to compensate an
101	99		employee assigned duties under this subchapter.
102	100		(e) The director and an employee assigned duties under this
103	101		subchapter are employees of the regional planning commission for
104	102		all purposes.
105	103		Sec. 772.610. AUDIT AND REPORTING REQUIREMENTS. The
106	104		district shall prepare an annual report that includes:
107	105		(1) the amount and source of funds received by the
108	106		district;
109	107		(2) the amount and source of funds spent by the
110	108		district; and
111	109		(3) the results of an audit of the district's affairs
112	110		prepared by an independent certified public accountant in
113	111		compliance with the district's policies and procedures.
114	112		Sec. 772.611. PROVISION OF 9-1-1 SERVICE. (a) A district
115	113		shall provide 9-1-1 service to each participating county or
116	114		municipality through one or a combination of the following methods
117	115		and features or equivalent state-of-the-art technology:
118	116		(1) the transfer method;
119	117		(2) the relay method;
120	118		(3) the dispatch method;
121	119		(4) automatic number identification;
122	120		(5) automatic location identification; or
123	121		(6) selective routing.
124	122		(b) The district shall design, implement, and operate a
125	123		9-1-1 system for each participating county and municipality in the
126	124		district.
127	125		(c) For each individual telephone subscriber in the
128	126		district, 9-1-1 service is mandatory and is not an optional service
129	127		under any definition of terms relating to telephone service.
130	128		Sec. 772.612. LIABILITY. The liability protection provided
131	129		by Section 771.053 applies to services provided under this
132	130		subchapter.
133	131		Sec. 772.613. PRIMARY EMERGENCY TELEPHONE NUMBER. The
134	132		digits 9-1-1 are the primary emergency telephone number in a
135	133		district. A public safety agency whose services are available
136	134		through a 9-1-1 system:
137	135		(1) may maintain a separate number for an emergency
138	136		telephone call; and
139	137		(2) shall maintain a separate number for a
140	138		nonemergency telephone call.
141	139		Sec. 772.614. TRANSMITTING REQUESTS FOR EMERGENCY AID.
142	140		(a) A 9-1-1 system established under this subchapter must be
143	141		capable of transmitting requests for firefighting, law
144	142		enforcement, ambulance, and medical services to a public safety
145	143		agency that provides the requested service at the location from
146	144		which the call originates. A 9-1-1 system may provide for
147	145		transmitting requests for other emergency services, including
148	146		poison control, suicide prevention, and civil defense.
149	147		(b) A public safety answering point may transmit emergency
150	148		response requests to private safety entities with the board's
151	149		approval.
152	150		(c) With the consent of a participating county or
153	151		municipality, a privately owned automatic intrusion alarm or other
154	152		privately owned automatic alerting device may be installed to cause
155	153		the number 9-1-1 to be dialed to gain access to emergency services.
156	154		Sec. 772.615. 9-1-1 EMERGENCY SERVICE FEE. (a) The board
157	155		may impose a 9-1-1 emergency service fee on service users in the
158	156		district.
159	157		(b) The fee may be imposed only on the base rate charge or
160	158		the charge's equivalent, excluding charges for coin-operated
161	159		telephone equipment. The fee may not be imposed on:
162	160		(1) more than 100 local exchange access lines or the
163	161		lines' equivalent for a single business entity at a single
164	162		location, unless the lines are used by residents of the location; or
165	163		(2) any line that the Commission on State Emergency
166	164		Communications has excluded from the definition of a local exchange
167	165		access line or equivalent local exchange access line under Section
168	166		771.063.
169	167		(c) If a business service user provides residential
170	168		facilities, each line that terminates at a residential unit and is a
171	169		communication link equivalent to a residential local exchange
172	170		access line shall be charged the 9-1-1 emergency service fee. The
173	171		fee must have uniform application throughout the district and be
174	172		imposed in each participating county or municipality in the
175	173		district.
176	174		(d) The amount of the fee may not exceed 50 cents per month
177	175		for each line.
178	176		(e) The board shall set the amount of the fee each year as
179	177		part of the annual budget. The board shall notify each service
180	178		supplier of a change in the amount of the fee not later than the 91st
181	179		day before the date the change takes effect.
182	180		(f) In imposing the fee, the board shall attempt to match
183	181		the district's revenues to the district's operating expenditures,
184	182		including the current and planned expenditures for the purchase,
185	183		installation, and maintenance of 9-1-1 emergency services in
186	184		accordance with the district's approved annual budget and operating
187	185		policies.
188	186		Sec. 772.616. COLLECTION OF FEE. (a) A service supplier
189	187		or a business service user that provides residential facilities and
190	188		owns or leases a publicly or privately owned telephone switch used
191	189		to provide telephone service to facility residents shall collect
192	190		the fees imposed on a customer under Section 772.615.
193	191		(b) Not later than the 30th day after the last day of the
194	192		month in which the fees are collected, the service supplier or
195	193		business service user shall deliver the fees to the district in the
196	194		manner determined by the district. The district may establish an
197	195		alternative date for payment of fees under this section, provided
198	196		that the required payment date is not earlier than the 30th day
199	197		after the last day of the report period in which the fees are
200	198		collected. The service supplier or business service user shall
201	199		file with each payment to the district a receipt in the form
202	200		prescribed by the district.
203	201		(c) Both a service supplier and a business service user
204	202		under Subsection (a) shall maintain records of the amount of fees
205	203		the service supplier or business service user collects until at
206	204		least the second anniversary of the date of collection. The board
207	205		may require, at the board's expense, an annual audit of the service
208	206		supplier's or business service user's books and records with
209	207		respect to the collection and remittance of the fees.
210	208		(d) A business service user that does not collect and remit
211	209		the 9-1-1 emergency service fee as required is subject to a civil
212	210		cause of action under Subsection (g). A sworn affidavit by the
213	211		district specifying the unremitted fees is prima facie evidence
214	212		that the fees were not remitted and of the amount of the unremitted
215	213		fees.
216	214		(e) A service supplier may retain an administrative fee of
217	215		two percent of the amount of fees the service supplier collects
218	216		under this section.
219	217		(f) A service supplier is not required to take any legal
220	218		action to enforce the collection of the 9-1-1 emergency service
221	219		fee. The service supplier shall provide the district with an annual
222	220		certificate of delinquency that includes the amount of all
223	221		delinquent fees and the name and address of each nonpaying service
224	222		user. The certificate of delinquency is prima facie evidence that a
225	223		fee included in the certificate is delinquent and of the amount of
226	224		the delinquent fee. A service user account is considered
227	225		delinquent if the fee is not paid to the service supplier before the
228	226		31st day after the payment due date stated on the user's bill from
229	227		the service supplier.
230	228		(g) The district may file legal proceedings against a
231	229		service user to collect fees not paid by the service user and may
232	230		establish internal collection procedures and recover the cost of
233	231		collection from the nonpaying service user. If the district
234	232		prevails in a legal proceeding filed under this subsection, the
235	233		court shall award costs, attorney's fees, and interest to be paid by
236	234		the nonpaying service user. A delinquent fee accrues interest at
237	235		the legal rate beginning on the date the payment becomes due.
238	236		Sec. 772.617. DISTRICT DEPOSITORY. The board shall select
239	237		a depository for the district in the manner provided by law.
240	238		Sec. 772.618. ALLOWABLE EXPENSES. A district's allowable
241	239		operating expenses include all costs attributable to designing a
242	240		9-1-1 system and all equipment and personnel necessary to establish
243	241		and maintain a public safety answering point and other related
244	242		operations that the board considers necessary.
245	243		Sec. 772.619. NUMBER AND LOCATION IDENTIFICATION. (a) As
246	244		part of 9-1-1 service, a service supplier shall furnish, for each
247	245		call, the telephone number of the subscriber and the address
248	246		associated with the number.
249	247		(b) A business service user that provides residential
250	248		facilities and owns or leases a publicly or privately owned
251	249		telephone switch used to provide telephone service to facility
252	250		residents shall provide to those residential end users the same
253	251		level of 9-1-1 service that a service supplier is required to
254	252		provide under Subsection (a) to other residential end users in the
255	253		district.
256	254		(c) Information furnished under this section is
257	255		confidential and is not available for public inspection.
258	256		(d) A service supplier or business service user under
259	257		Subsection (b) may not be held liable to a person who uses a 9-1-1
260	258		system created under this subchapter for the release to the
261	259		district of the information specified in Subsections (a) and (b).
262	260		Sec. 772.620. PUBLIC REVIEW. (a) Periodically, the board
263	261		shall solicit public comments and hold a public review hearing on
264	262		the continuation of the district and the 9-1-1 emergency service
265	263		fee. The first hearing shall be held on or before the third
266	264		anniversary of the date of the district's creation. Subsequent
267	265		hearings shall be held on or before the third anniversary of the
268	266		date each resolution required by Subsection (c) is adopted.
269	267		(b) The board shall publish notice of the time and place of a
270	268		hearing once a week for two consecutive weeks in a daily newspaper
271	269		of general circulation published in the district. The first notice
272	270		must be published not later than the 16th day before the date set
273	271		for the hearing.
274	272		(c) After the hearing, the board shall adopt a resolution on
275	273		the continuation or dissolution of the district and the 9-1-1
276	274		emergency service fee.
277	275		Sec. 772.621. DISSOLUTION PROCEDURES. (a) If a district
278	276		is dissolved, 9-1-1 service must be discontinued in compliance with
279	277		the district's policies and bylaws and must be administered in
280	278		accordance with Chapter 771.
281	279		(b) The regional planning commission for the district's
282	280		9-1-1 region shall assume the district's assets, provide 9-1-1
283	281		service, and pay the district's debts. If the district's assets are
284	282		insufficient to retire all existing debts of the district on the
285	283		date of dissolution, the regional planning commission shall
286	284		continue to impose the 9-1-1 emergency service fee in compliance
287	285		with Section 772.615, and each service supplier shall continue to
288	286		collect the fee for the regional planning commission. Proceeds
289	287		from the imposition of the fee by the regional planning commission
290	288		after dissolution of the district may be used only to retire the
291	289		outstanding debts of the district.
292	290		(c) The regional planning commission shall retire the
293	291		district's debts to the extent practicable according to the terms
294	292		of the instruments creating the debts and the terms of the
295	293		resolutions authorizing creation of the debts.
296	294		(d) The governing body of the regional planning commission
297	295		for the district's 9-1-1 region may adopt rules necessary to
298	296		administer this section.
299	297		Sec. 772.622. TRANSFER OF ASSETS. If a district is
300	298		established under this subchapter, the regional planning
301	299		commission for the 9-1-1 region in which the district is
302	300		established may transfer to the district any land, buildings,
303	301		improvements, equipment, and other assets acquired by the regional
304	302		planning commission in relation to the provision of 9-1-1 service
305	303		in accordance with Chapter 771.
306	304		SECTION 2. Section 771.001(3), Health and Safety Code, is
307	305		amended to read as follows:
308	306		(3) "Emergency communication district" means:
309	307		(A) a public agency or group of public agencies
310	308		acting jointly that provided 9-1-1 service before September 1,
311	309		1987, or that had voted or contracted before that date to provide
312	310		that service; or
313	311		(B) a district created under Subchapter B, C, D,
314	312		F, [or] G, or H, Chapter 772.
315	313		SECTION 3. This Act takes effect September 1, 2015.
	314	+	______________________________ ______________________________
	315	+	President of the Senate Speaker of the House
	316	+	I hereby certify that S.B. No. 1108 passed the Senate on
	317	+	April 30, 2015, by the following vote: Yeas 27, Nays 4.
	318	+	______________________________
	319	+	Secretary of the Senate
	320	+	I hereby certify that S.B. No. 1108 passed the House on
	321	+	May 12, 2015, by the following vote: Yeas 144, Nays 2,
	322	+	two present not voting.
	323	+	______________________________
	324	+	Chief Clerk of the House
	325	+	Approved:
	326	+	______________________________
	327	+	Date
	328	+	______________________________
	329	+	Governor